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                                                      PRINTER'S NO. 3331

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2216 Session of 2008


        INTRODUCED BY MARSICO, TURZAI, BOYD, CAPPELLI, CLYMER,
           CREIGHTON, DALLY, J. EVANS, GEIST, GINGRICH, GRELL,
           HENNESSEY, HESS, KAUFFMAN, M. KELLER, KORTZ, MENSCH,
           R. MILLER, MILNE, MOUL, MOYER, NAILOR, PICKETT, PYLE,
           REICHLEY, SAYLOR, SCAVELLO, K. SMITH, SONNEY, STERN AND TRUE,
           MARCH 10, 2008

        REFERRED TO COMMITTEE ON JUDICIARY, MARCH 10, 2008

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, providing for applicability to
     3     providers outside this Commonwealth; and further providing
     4     for exceptions, for investigative disclosure or use of
     5     contents of wire, electronic or oral communications or
     6     derivative evidence, for requirements of governmental access,
     7     for mobile tracking devices, for issuance and for expiration.

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10     Section 1.  Title 18 of the Pennsylvania Consolidated
    11  Statutes is amended by adding a section to read:
    12  § 5702.1.  Applicability to providers outside this Commonwealth.
    13     This chapter shall apply to providers of an electronic or
    14  wire communication service located outside this Commonwealth if
    15  they are engaged in transacting any business in this
    16  Commonwealth as determined under 42 Pa.C.S. § 5322(a)(1)
    17  (relating to bases of personal jurisdiction over persons outside
    18  this Commonwealth).


     1     Section 2.  Section 5704(2)(iv) of Title 18 is amended to
     2  read:
     3  § 5704.  Exceptions to prohibition of interception and
     4             disclosure of communications.
     5     It shall not be unlawful and no prior court approval shall be
     6  required under this chapter for:
     7         * * *
     8         (2)  Any investigative or law enforcement officer or any
     9     person acting at the direction or request of an investigative
    10     or law enforcement officer to intercept a wire, electronic or
    11     oral communication involving suspected criminal activities,
    12     including, but not limited to, the crimes enumerated in
    13     section 5708 (relating to order authorizing interception of
    14     wire, electronic or oral communications), where:
    15             * * *
    16             (iv)  the requirements of this subparagraph are met.
    17         If an oral interception otherwise authorized under this
    18         paragraph will take place in the home of a nonconsenting
    19         party, then, in addition to the requirements of
    20         subparagraph (ii), the interception shall not be
    21         conducted until an order is first obtained from [the
    22         president judge, or his designee who shall also be] a
    23         judge, of a court of common pleas, authorizing such in-
    24         home interception, based upon an affidavit by an
    25         investigative or law enforcement officer that establishes
    26         probable cause for the issuance of such an order. No such
    27         order or affidavit shall be required where probable cause
    28         and exigent circumstances exist. For the purposes of this
    29         paragraph, an oral interception shall be deemed to take
    30         place in the home of a nonconsenting party only if both
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     1         the consenting and nonconsenting parties are physically
     2         present in the home at the time of the interception.
     3         * * *
     4     Section 3.  Section 5717 of Title 18 is amended by adding a
     5  subsection to read:
     6  § 5717.  Investigative disclosure or use of contents of wire,
     7             electronic or oral communications or derivative
     8             evidence.
     9     * * *
    10     (c)  Otherwise authorized personnel.--Any person who, by any
    11  means authorized by the laws of another state or the Federal
    12  Government, has obtained knowledge of the contents of any wire,
    13  electronic or oral communication, or evidence derived therefrom,
    14  may disclose the contents or evidence to an investigative or law
    15  enforcement officer and may disclose the contents or evidence
    16  where otherwise admissible while giving testimony under oath or
    17  affirmation in any proceeding in any court of this Commonwealth.
    18     Section 4.  Sections 5743(d), 5761(b) and 5773(c) of Title 18
    19  are amended to read:
    20  § 5743.  Requirements for governmental access.
    21     * * *
    22     (d)  Requirements for court order.--A court order for
    23  disclosure under subsection (b) or (c) shall be issued only if
    24  the investigative or law enforcement officer shows that there
    25  are specific and articulable facts showing that there are
    26  reasonable grounds to believe that the contents of a wire or
    27  electronic communication, or the records or other information
    28  sought, are relevant and material to an ongoing criminal
    29  investigation. A court issuing an order pursuant to this
    30  section, on a motion made promptly by the service provider, may
    20080H2216B3331                  - 3 -     

     1  quash or modify the order if the information or records
     2  requested are unusually voluminous in nature or compliance with
     3  the order would otherwise cause an undue burden on the provider.
     4  An order issued under this subsection shall be sealed until
     5  otherwise ordered by the court.
     6     * * *
     7  § 5761.  Mobile tracking devices.
     8     * * *
     9     (b)  Jurisdiction.--Orders permitted by this section may
    10  authorize the use of mobile tracking devices within the
    11  jurisdiction of the court of common pleas, and outside that
    12  jurisdiction [but within this Commonwealth], if the device is
    13  installed within the jurisdiction of the court of common pleas.
    14     * * *
    15  § 5773.  Issuance of an order for use of certain devices.
    16     * * *
    17     (c)  Time period and extensions.--
    18         (1)  An order issued under this section shall authorize
    19     the installation and use of a pen register, trap and trace
    20     device or a telecommunication identification interception
    21     device for a period not to exceed [30] 60 days.
    22         (2)  Extensions of such an order may be granted but only
    23     upon an application for an order under section 5772 and upon
    24     the judicial finding required by subsection (a). The period
    25     of each extension shall be for a period not to exceed [30] 60
    26     days.
    27     * * *
    28     Section 5.  Section 5781 of Title 18 is repealed:
    29  [§ 5781.  Expiration of chapter.
    30     This chapter expires December 31, 2008, unless extended by
    20080H2216B3331                  - 4 -     

     1  statute.]
     2     Section 6.  This act shall take effect in 60 days.



















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